Kensington Swan's view on aspects of the construction industry

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Monthly Archives: February 2016

This blog post was written by Zared Wall-Manning Monday marked five years since the Christchurch earthquake of 22 February 2011. In memory of this tragedy, people in the city of Christchurch and around New Zealand observed one minute’s silence at 12.51pm. The subsequent response and recovery efforts have had a significant impact on the New…

A recent judgment serves as a reminder for landlords to consider their obligations to their tenants when undertaking building works. In Alarm New Zealand Ltd v 15 Hopetoun Ltd, the plaintiff is a tenant of a commercial building in Freemans Bay. The building was sold to the defendant, who (unbeknownst to the tenant) obtained resource…

Today’s blog was written by guest contributor Robert Finley. The total loss to the industry from Mainzeal’s collapse was estimated to be well over $100 million, but the retentions held by Mainzeal were, at its collapse, $18.3 million. Financial and cash flow difficulties and disputes often arise on projects long before any retention money is…

Often during proceedings a party may be granted leave to amend its statement of claim in order to provide further detail (or further particulars). But at what point does the Court deem that a fresh cause of action has arisen? This is particularly relevant if a claimant (for example, a leaky building owner) brings proceedings…

The Thirty Year New Zealand Infrastructure Plan 2015 developed by the National Infrastructure Unit in October last year identified some of the key challenges facing infrastructure between now and 2045. One of the challenges identified in the plan was the effect that climate change will have on infrastructure. Climate change poses a threat to infrastructure…

The sentencing of an Upper Hutt-based company on health and safety charges is a reminder for construction companies to be fully aware of the regulations and obligations for working with asbestos containing materials. Hutt Construction 2013 Limited was fined $26,812.50 and ordered to pay $7,500 in reparations for its failure to identify and manage asbestos…

Following up on our previous blog on the James Hardie class action claim; last week the Court of Appeal heard the appeal and reserved its decision. This can be expected in several weeks’ time. The High Court’s ruling allowed 15 unit owners from Oteha Valley Estate to pursue their multi-unit complex claim, by joining claims…

A tool that has been introduced to combat the Auckland housing crisis is the designation of Special Housing Areas (SHA). SHAs provide an area where fast-track development of affordable housing can take place. The benefits to developers in SHAs include special consenting and approval process which aim to speed up development. The result is a…

[Photograph: Anthony Wallace/AFP/Getty] A 17 storey apartment building in Taiwan collapsed over the weekend following a strong earthquake. Dozens were killed, and dozens more remain trapped in the debris. In the wake of the tragedy, the developer and architects of the building, which was constructed in 1989, have been arrested on suspicion of criminal business…

It was a stunning long weekend in Wellington, one which would ideally be enjoyed from a balcony overlooking the picturesque harbour taking in the sunshine. However, it has been some time since the Aitchisons have been able to do this from their $1.6 million home in Roseneath. Finally, after a lengthy and costly legal battle…